Motor carries and other companies operating motor vehicles often have difficulty sorting out which U.S. Department of Transportation (“DOT”) regulations governing drivers apply to them. The following chart provides a handy reference for determining which DOT requirements apply to your drivers based on the nature and size of your vehicle fleet. In addition, you should also consult state law to determine if your state incorporates these requirements, by reference, to intrastate vehicles or smaller vehicles.
Overview of Federal Motor Carrier Safety Administration (“FMCSA”) Regulations
| REGULATION | Does the regulation apply to vehicles less than 10,000 lbs.? | Does the regulation apply to CMVs as defined by 49 C.F.R. § 390.5 (in excess of 10,000 lbs.)? | Does the regulation apply to CMVs as defined by 49 C.F.R. § 383.5 (in excess of 26,000 lbs.)? |
| Application of Employment Requirements(49 C.F.R. § 391.21) |
No |
Yes |
Yes, and there is an additional requirement. The applicant must include a list of all employers for the previous ten (10) years. |
| Driver Qualifications(49 C.F.R. §§ 391.11, 391.33) |
No |
Yes
|
Yes, and there is an additional requirement. The driver must have a valid CDL. |
| Motor Vehicle Records(49 C.F.R. § 391.23) |
No |
Yes
|
Yes
|
| Drug and Alcohol Testing (49 C.F.R. § 382.301) |
No |
No |
Yes |
| General Driver Training Requirements(49 C.F.R. § 391.51) |
No |
Yes |
Yes |
| Entry-level Driver Training Requirements(49 C.F.R. § 380.502) |
No |
No |
Yes |
| Annual Review Requirements (49 C.F.R. § 391.25) |
No |
Yes |
Yes |
| Hours of Service Requirements (49 C.F.R. § 395.3) |
No |
Yes |
Yes |
| Distracted Driving Final Rule |
No |
Yes |
Yes |
Definitions of “Commercial Motor Vehicle”
“CMV” as defined by 49 C.F.R. § 390.5 means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight in excess of 10,000 lbs., or is designed or used to transport more than 8 passengers (including the driver) for compensation, or is designed or used to transport more than 15 passengers (including the driver) and is not used to transport passengers for compensation, or is used in transporting hazardous materials in a quantity requiring placarding under the FMCSA regulations.
“CMV” as defined by 49 C.F.R. § 383.5 means any motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle as a gross combination weight rating or gross combination weight in excess of 26,000 lbs., inclusive of towed units with a gross vehicle weight rating or gross vehicle weight in excess of 10,000 lbs., or has a gross vehicle weight rating or gross vehicle weight in excess of 26,000 lbs., or is designed to transport 16 or more passengers (including the driver), or is any size and is used to transport hazardous materials requiring placarding.
Conclusion
Minnesota motor carriers should become familiar with the FMCSA requirements applicable to their drivers, develop a vehicle safety and compliance program, and review their program periodically.
If your company has questions about DOT requirements applicable to your drivers, contact one of the transportation law attorneys of Trepanier MacGillis Battina P.A.
About the Author:
Minnesota transportation attorney Bryan R. Battina advises clients, drafts contracts, and litigates disputes for a variety of industries, including the transportation industry. Bryan may be reached at 612.455.0505 or bbattina@trepanierlaw.com. Trepanier MacGillis Battina P.A. is a Minnesota transportation law firm located in Minneapolis, Minnesota.